Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Tchad (Ratification: 1960)

The Committee notes the Government's report.

1. Right to establish organizations without previous authorization. The Committee notes with interest the Government's statement to the effect that the establishment, organization and functioning of trade union organizations are not governed by Ordinance No. 27/INT/SUR of 28 July 1962 regulating associations, but by the Labour Code (Act No. 7/66 of 4 March 1966). The Government adds that occupational trade unions have henceforth only to submit their by-laws in order to commence functioning and that supervision by the authorities is carried out subsequently, without bringing into question the existence of the trade unions. Moreover, the trade unions do not need to comply with the requirements of declaration and authorization by the Ministry of the Interior for their operation. In order to dispel any ambiguity in this respect, the Committee requests the Government to amend Ordinance No. 27 of 28 July 1962 regulating associations in order to lay down specifically that it does not apply to trade unions. It requests the Government to provide information in its next report on the measures taken in this respect.

2. Limitation of the right to strike. With regard to the question of repealing Ordinance No. 30 of 36 November 1975 suspending all strike action and Ordinance No. 001 of 8 January 1976 prohibiting public employees and workers whose status is assimilated to theirs from exercising the right to strike, the Committee notes the Government's assurances that the texts to repeal these Ordinances have been prepared and that their adoption is only a matter of time. The Committee also notes that Decree No. 096/PR/MFPT/94 of 29 April 1994, issuing regulations governing the right to strike in the public service, has been submitted to the judgement of the competent authorities and that the Government undertook in a communiqué dated 2 June 1994 to comply with their judgement. The Decree establishes a conciliation and arbitration procedure prior to the calling of a strike, as well as compulsory minimum service in certain public services, the interruption of which would result in extremely serious disruption of the life of the community, particularly in respect of financial services, hospital services, postal and telecommunication services, television and radio, the central services of the Ministry of Foreign Affairs and Cooperation and the inter-prefectoral labour inspection services.

Emphasizing that the right to strike is an intrinsic corollary of the right to organize that is protected by the Convention, the Committee wishes to recall that it can only be restricted in exceptional cases; restrictions, or even prohibition, should be limited to public servants exercising authority in the name of the State, to essential services in the strict sense of the term, namely those the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis (see General Survey on freedom of association and collective bargaining, 1994, paragraph 159). With regard to other services which are of public utility where an outright ban on strikes cannot be justified, the Committee is of the opinion that a negotiated minimum service may be established provided that it is genuinely and exclusively a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, and that workers' organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the General Survey, op. cit., paragraph 161). The Committee trusts that all measures adopted to give effect to the right to strike will take into account the principles of freedom of association and requests the Government to provide it with a copy of any decision that is made concerning appeals brought before the competent authorities. In addition, the Committee once again urges the Government to transmit the texts repealing the above Ordinances of 1975 and 1976 as soon as they are adopted.

3. Prohibition of any political activity by trade unions (section 36 of the Labour Code of 1966) and the obligation to have been resident in Chad for seven years in order to be elected to trade union office (section 41). The Committee notes the Government's statement to the effect that a satisfactory response will be found in the draft Labour Code with regard to the prohibition of all political activity by trade unions. The Government adds that in the draft Labour Code it has lowered the period of residence required for foreigners to be able to take responsibility for the administration or direction of a trade union. On the first point, the Committee recalls that the development of the trade union movement and its broader recognition as a fully-fledged social partner make it necessary for workers' organizations to be able to express their views on political problems in the broad sense, and particularly to be able to make public their opinions on the Government's social and economic policy. On the second point, with regard to the possibility for foreigners to be able to accede to trade union office, the Committee considers that the national legislation should allow foreign workers to have access to these functions, at least after a reasonable period of residence in the host country. The Committee urges the Government to take the necessary measures to bring its legislation into full conformity with the requirements of the Convention and the principles of freedom of association by amending sections 36(2) and 41 of the Labour Code, so as to lift the ban on all political activity by trade unions and to reduce the period of residence required before foreigners can have access to trade union office. It also requests the Government to transmit the text of the new Labour Code when it is adopted.

[The Government is asked to provide full particulars to the Conference at its 83rd Session.)]